Legal Question in Wills and Trusts in New York

Can an Estate Administratrix claim entitlement (ownership) to corporate owned assets of a deceased shareholder?


Asked on 6/24/11, 8:42 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

She would be stepping into the shoes of the deceased shareholder. So, if the decedent had an ownership interest in the corporation, the administratrix would have ownership interest on behalf of the estate.

Mike.

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Answered on 6/24/11, 9:11 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike. A shareholder of a corporation does not become a direct owner of its assets, but is only a co-owner of the entity itself, along with the other shareholders. The Administratrix only steps into the shoes of the decedent, and only owns the proportion of the entity as those shares bear to all of the issued and outstanding shares. Unless the number of shares represents a majority interest, she has minimal say in the operations of the corporation. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 6/24/11, 10:17 am


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